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U.S. Enforcement Agencies Release Second Edition of FCPA Resource Guide
8 July 2020
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On July 3, 2020, the U.S. Department of Justice and U.S. Securities & Exchange Commission released a new edition of
A Resource Guide to the U.S. Foreign Corrupt Practices Act
, updating the landmark FCPA guidance first published in 2012.
Among other significant updates, the new edition revisits the availability of conspiracy and aiding-and-abetting theories under the FCPA’s anti-bribery and accounting provisions, and notes that DOJ will employ a six-year statute of limitations for criminal violations of the accounting provisions.
The Guide also includes important new commentary regarding applicable legal standards, recent case law, key DOJ policies, and successor liability and related best practices in the M&A context.
Although not binding on the agencies, the Guide provides valuable insights into DOJ's and the SEC’s current views regarding FCPA enforcement.
White Collar & Regulatory Defense
Banking Enforcement & Litigation
Helen V. Cantwell
Andrew J. Ceresney
Andrew M. Levine
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